NABENDRA KISHORE ROY Vs. ABDUL MAJID

JUDGEMENT

(1.) This Rule has been obtained by the landlord whose application for preemption under Section 26-F of the Bengal Tenancy Act has been dismissed by the learned Munsif of Lakshimpur.

(2.) The subject-matter of the application is an occupancy holding admittedly held under the petitioner. It formerly belonged to one Samar Ali Patvmri, on whose death it devolved upon his heirs. Two of them, namely, his sons Nana Mia and Nural Huq, who had inherited 5 annas 8 gundas share therein, sold their interest to the opposite party No. 1, Abdul Majid Mia, by a registered conveyance dated October 5, 1933. Samar Ali Patwari also left him surviving a son, named Sarajul Haque, who is admittedly a co-sharer of Nana Mia and Nural Haq.

(3.) The notice of transfer under Section 26-C being served on the petitioner he applied for preemption on November 25, 1933. His application has been defeated on the ground that the purchase by Abdul Majid Mia is a benami purchase for the benefit of Sarajul Haq, an admitted co-sharer of the vendors in the holding.